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JurisprudenceG.R. No. 139043 -

G.R. No. 139043 - MAYOR ALVIN B. GARCIA, VS. HON. ARTURO C. MOJICA, IN HIS CAPACITY AS DEPUTY OMBUDSMAN FOR THE VISAYAS, VIRGINIA PALANCA-SANTIAGO, IN HIS CAPACITY AS DIRECTOR, OFFICE OF THE OMBUDSMAN (VISAYAS), ALAN FRANCISCO S. GARCIANO, IN HIS CAPACITY AS GRAFT INVESTIGATION OFFICER I, OFFICE OF

Cited Laws

RA 768RA 242RA 6770RA 7160RA 55RA 497RA 58RA 717RA 645,RA 645RA 6770,
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TL;DR — Ruling

WHEREFORE, the petition is hereby DENIED insofar as it seeks to declare that respondents committed grave abuse of discretion in conducting an inquiry on complaints against petitioner, and ordering their investigation pursuant to respondents’ mandate under the Constitution and the Ombudsman Law. But the petition is hereby GRANTED insofar as it seeks to declare that respondents committed grave abuse of discretion concerning the period of preventive suspension imposed on petitioner, which is the ma…

Decision

Ruling

WHEREFORE, the petition is hereby DENIED insofar as it seeks to declare that respondents committed grave abuse of discretion in conducting an inquiry on complaints against petitioner, and ordering their investigation pursuant to respondents mandate under the Constitution and the Ombudsman Law. But the petition is hereby GRANTED insofar as it seeks to declare that respondents committed grave abuse of discretion concerning the period of preventive suspension imposed on petitioner, which is the maximum of six months, it appearing that 24 days the number of days from the date petitioner was suspended on June 25, 1999, to the date of our status quo order on July 19, 1999 were sufficient for the purpose. Accordingly, petitioners preventive suspension, embodied in the order of respondent Deputy Ombudsman, dated June 25, 1999, should now be, as it is hereby, LIFTED immediately. SO ORDERED.